QUESTION

Any way to suppress defense doctrine pre-trial

Asked on Jun 02nd, 2016 on Breach of Contract - California
More details to this question:
I'm a plaintiff in a civil action, whereby an imposter electronically communicated to my cpa (defendant) to wire my funds to an unknown overseas account, and he did so. The court denied MSJ, but it revealed the defense strategy is that while my cpa was negligent in executing the wire, he is not liable because of the intervening and superseding event of the imposter. We believe their is no event between the cpa's negligence in executing the wire, and the loss of funds, and that the imposter is the initial cause of loss, and the cpa defendant is the intervening and superseding cause of loss. Is is possible to use pre-trial motion, as matter of law, to suppress the defense from introducing Intervening/Superseding doctrine to the jury during opening and closing statements, and also to block them from requesting the judge to instruct the jury on the option to apply Intervening/Superseding cause?
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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If you are represented by counsel, as you should be, then you should be asking this of your attorney.  Otherwise, if you are a pro per litigant, then you can bring a motion in limine.  This is complex and you need an attorney.
Answered on Jun 02nd, 2016 at 11:34 AM

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